United States Ninth Circuit
U-Haul Int'l., Inc. v. Wilcher, 07-16482
In an action alleging that defendants improperly obtained privileged information and used it against plaintiff in NLRB proceedings, dismissal of the complaint is affirmed in part where the district court did not err in upholding the Attorney General's certification that a defendant was acting within the scope of his employment. However, the order is reversed in part where the Westfall Act did not empower the district court sua sponte to abrogate the federal government's sovereign immunity and subject it to the risk of liability.
Appellate Information
- Decided 11/22/2010
- Published 11/22/2010
Judges
- Array
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Gary L. Birnbaum, Gregory A. Brower